Fourth Amendment to the United States Constitution

In summary, on 08/26/16 at 2021 hours Ofc. Ramos #260 an I were patrolling the area of 1400 S Central Ave., at which time I observed a vehicle (08' silver Mazda IL Y702175) with an obstructed front windshield and the front passenger not wearing a seatbelt. A traffic stop was conducted on vehicle, at which time I approached the vehicle and detected a strong odor of cannabis emanating from inside the vehicle. I made contact with the driver to request a license and insurance. While speaking with…

Dogs in Law Enforcement “Law Enforcement Officers maintain law and order by protecting life and property, and preserving the peace” (Law 1). One of the tools some officers use is a dog that assists them in their duties. One of the reasons K9 units are increasing according to Detective Steve Echevarria is because, “the nose knows.” While Beamer is trained to detect drugs, other dogs are trained to detect bombs, bodies, or other chemicals. Dogs are also trained to control suspects or prisoners…

The Seventh Circuit has held searches of containers to be reasonable where there is no reliable or positive information available to officers indicating that the party consenting did not exercise control over the item. See United States v. Melgar, 227 F.3d 1038 (7th Cir. 2000). Holding in the contrary would compel officers to directly question the consenting party about each container they come across, even if it is located in an area over which they had common authority to consent…

INTRODUCTION: This case involved the recovery of the victim’s vehicle which was located along the south curb line in front of 156 W. Claremont Street. LOCATION DESCRIPTION: This recovery occurred in a residential neighborhood along the south curb line in front of 156 W. Claremont Street. LOSS: S/D/R Description Serial# S-1 White 4DR 2016 BMW 328D CA. Lic. #7TSL471 INVESTIGATION: On 12-16-16 at approximately 1204 hours, Officer Petrella #7035 and I were dispatched to 156 W…

entered Chungs home without a search warrant. Once officers entered the home, they found an injured dog in the patio and another dead dog in the freezer. Chung believes all evidence found by the officers should be suppressed after they violated his fourth…

related to Miranda v Arizona. In 1971, case Harris v. New York, the Supreme Court ruled that a statement taken before a Miranda Warning could be used in court to show a suspect was generally not truthful. (Burgan, M. pg 72). Used as a inadmissible confession as the defendant testified that he as innocent but said differently to the police. In a five to four vote, the Supreme Court affirmed the conviction in Harris v New York. (Hogrogian, J. pg . 92) Another case influences by Miranda v.…

According to Cornell University Law School (n.d.), Mens Rea refers to a “state of mind indicating culpability which is required by statute as an element of a crime”. In other words, proving that the defendant is guilty beyond reasonable doubt, and, is aware of the repercussions of his/her misconduct is essential for him/her to be convicted. In the case of Maria, she was found possesing coccaine in the car that she was driving. In many cases, she could be charged with conspiracy to possess…

On 04-22-2017 at 0130 hours I pulled onto the parking lot of Huck’s and while exiting my patrol unit I could smell an odor of marijuana. There was only one other vehicle on the lot which was a white Chevrolet Sonic in the process of back out of parking space next to me. I got back in my vehicle and followed the vehicle west on Maud Street and paced the vehicle at approximately 40 MPH. I made contact with the driver of the vehicle a Tori Sutton and front seat passenger Michaela Fellows. When I…

For as long as the United State’s government has been formed, there has been the argument of how much individual privacy people deserve. Cornell University Law School states the fourth amendment as "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and…

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